Allahabad HC rejects electro homoeopathy practitioner's plea to practice allopathy, unseal clinic

The Allahabad High Court recently declined to order the unsealing of a clinic where an electro homoeopathy practitioner was also found practicing modern medicine (allopathy) [Santosh Kumar Sharma v State of UP and 5 Others].

A Division Bench of Justice JJ Munir and Justice Indrajeet Shukla said that a certificate in electro homoeopathy can, by no stretch of imagination, be said to be a valid degree for practising allopathy.

“A person, who does not have knowledge of a particular system of medicine but practices in that system is a quack and a mere pretender of medical knowledge or skill or to put it differently, can be maximum termed a charlatan,” the Bench said.

The Court was hearing a petition moved by one Santosh Kumar Sharma against Chief Medical Officer of Etah’s decision to seal his clinic. 

He also sought a direction to practice modern medicine, claiming that he was eligible to do so as he had studied a community health course in 2005 from the National Institute of Open Schooling (NIOS). His counsel said that he had long experience in the field of medicine

However, the Court, in its July 10 judgment, said that a quack cannot be permitted to play with the health of the general public.

"The health of public at large is the primary responsibility of the State Government. As such, any quack cannot be permitted to play with the health of the general public," the order reads.

The Court added,

“It is well settled that a practitioner registered under one system of medicine cannot transgress and practice another system, particularly ‘allopathy’ without requisite qualification and registration, and that doing so amounts to negligence per se exposing both the practitioner and the public to grave risk."

The Court also noted that the seal on the petitioner’s clinic was declined to be removed as the facility did not meet the standards to operate a hospital/ clinic, and that even unqualified doctors were found to be practicing modern medicine there.

It, thus, ruled that the petitioner was not entitled to practice allopathy on the strength of his electro homoeopathy certificate.

“A person can practice in allopathic system of medicine in State or in the country only if he possess a recognized medical qualification,” the Court said.

Advocate Ashok Kumar Singh represented the petitioner.

Standing Counsel Akhilesh Kumar Tripathi appeared for the State.

 [Read Judgment]